www.iva.co.uk

An interim charging order was made final after my creditors meeting, over two years ago now.

My understanding is that this can be set aside since both the solicitor applying and the court were contacted before the order and several times since, but to date nothing has happened.

The creditor's solicitor seems unlikely to do anything since they have what they want, but the real disappointment is that the issuing court is not replying to letter from my IVA administrator.

I don't seem to be getting anywhere with this and have no idea what I can do to get the charging order removed, and at this rate I will reach the end of the IVA with the order still in place.

All advice welcome, thanks in advance.

Hi ukb and welcome to the forum - sorry no-one has picked up on your post earlier. I have been taking a little "forum break" for the last couple of days.

The order ought to be set aside, but you will need to make an application to Court for this to happen. Isn't your IP dealing with this for you - they certainly ought to be. Rather than writing to Court, your IP would be better off making a formal application - and the costs of this can be borne out of the IVA estate.

Which firm are you with?

Administrator is Grant Thornton. Their latest advice: write to the creditor's solicitor and make a formal complaint

They've been fine so far but don't seem to know what to do about this problem, or perhaps they do and are avoiding it... No, I'll keep the paranoia in check for a while longer

They should not be advising you to write to the creditors solicitor, they are administering your iva, therefore they are responsible for sorting this out for you, this is what their fees cover, or should do. Take Mels advice and ask GT to apply direct to the court to have this set aside

It is your IP's job to agree creditor claims, and part of that work obviously needs to be determined whether a creditor has or has not security. It is their job, so make them aware of what you expect them to do on your behalf.

They just replied today saying they have done as much as they can do in writing to the creditor's solicitor and the court! They claim that removal of the restriction is entirely down to the creditor/their solicitor, and fob me off again suggesting I have to contact them.

They clearly don't accept what you're telling me here, or are furiously resisting it, so I'm lost with what I can do now. I believe that GT must have some kind of regulating organisation, do I have to find out who that is and complain to them? As it stands now there's not a chance the charging order is going to be set aside

Are you speaking to your IP ukb or a member of the team. Might be worth a word direct with your IP assuming you're not already talking to them.

I'm running the "customer services" gauntlet, I hadn't even considered that I could contact my IP directly.

I'm not happy that they're trying to abdicate any responsibility for this, I can only assume that their CS are told to do this, surely they wouldn't just make it up if they didn't know.

Trying to contact your ip directly at GT can be tricky but its there job insist they deal with it.

That doesn't sound promising... nor does the second line of your signature!

ukb - Please contact me by emailing ivacustomerservices@uk.gt.com with "IVA Forum" in the subject line and I will ensure this is looked into for you and resolved.

Kind Regards
Karol

http://www.insolvencydirect.bis.gov.uk/fip1/

Your IP's details can be found using the above link if you need contact him/her. However, do take Karol up on her offer to get this resolved for you and I'm sure it will happen. All the best.

Karol - thanks for the offer, I've just sent an email as requested above.

lesley_ - thanks for the IP search link, I think it gives a few more details than I already found on GT's own site, but let's hope it isn't necessary to use them.

Karol - I didn't get a reply directly from you, I assumed the one from Danielle was related to my email. It seemed positive at first but a week has gone by now with no update so what do I do now?

ukb - Danielle will contact you tomorrow with an update.

Kind Regards
Karol